Legal Advisory for Employers
Employers in Germany operate under a detailed legal framework that spans employment contracts, dismissal protection, foreign-worker immigration and collective obligations. We advise employers — domestic and international — in German and English.
Contents
Immigration Tracks for Employers
Employers in Germany can recruit qualified foreign skilled workers through several immigration routes. The EU Blue Card is available for highly qualified employees meeting remuneration thresholds. The general skilled-worker permit is issued under § 18a AufenthG (vocational qualification) or § 18b AufenthG (academic qualification). For intra-company transfers, the ICT Card under § 19 AufenthG covers managers, specialists and trainees for periods up to three years; short-term mobility of intra-company transferees for periods up to 90 days in a 180-day period is governed by § 18g AufenthG. The fast-track procedure under § 81a AufenthG allows eligible employers to take an active coordinating role in the immigration process, which can substantially reduce processing times. The applicable route depends on the employee’s qualification, remuneration, role and prior residence status. Further detail is on our hiring foreign workers page and EU Blue Card page.
Employment Contracts and Documentation
Employment contracts in Germany must comply with the NachwG documentation requirements, which require the employer to set out core employment terms in a written document. Written form under § 623 BGB is required for the termination of employment relationships. Standard-form employment contract clauses must not create an unfair disadvantage in violation of §§ 305 ff. BGB. Fixed-term employment contracts require a statutory basis; an unsupported fixed-term (sachgrundlose Befristung) is only valid for the first engagement with a given employer, for a total period of up to two years. During a probationary period, notice periods are shortened under § 622(3) BGB. Since 1 January 2026, employers recruiting third-country nationals residing abroad for work in Germany must provide the information required by § 45c AufenthG no later than the first day of work, including the contact details of the nearest Faire Integration advisory centre.
Dismissal and Termination
Where the KSchG applies — businesses with more than ten full-time-equivalent employees, and employees with more than six months’ service — ordinary dismissal requires a socially justified reason: operational requirements, conduct or the person of the employee. A dismissal that lacks social justification is ineffective. Severance pay is not an automatic right; it is commonly agreed as part of a termination agreement (Aufhebungsvertrag). Where a works council exists, the employer must consult it before any dismissal. Mass dismissals trigger additional notification obligations to the Federal Employment Agency. Further detail is on our employment law for employers page, termination protection page, warning letter page and termination agreement page.
Recruiting Foreign Skilled Workers
Since 1 January 2026, German-based employers who recruit third-country nationals residing abroad for work in Germany must provide those employees with the information required by § 45c AufenthG no later than the first day of work. This includes the contact details of the nearest Faire Integration advisory centre. The obligation applies regardless of whether the employment begins in Germany or the employee enters Germany after visa issuance. Non-compliance is separate from the employee’s immigration status and may give rise to administrative consequences. The fast-track procedure under § 81a AufenthG allows eligible employers to play an active role in coordinating the immigration process. Further detail is on our fast-track procedure page.
Restructuring and Collective Measures
Collective workforce reductions, site closures and outsourcing measures trigger specific German employment-law obligations. Where a works council exists, the employer must consult it before collective measures. Mass dismissals require notification to the Federal Employment Agency before notice is given. Larger restructuring measures may require interest-balancing (Interessenausgleich) and social-plan (Sozialplan) negotiations with the works council. Further detail is on our employment law for employers page.
Advice by Alexander Kagan, Attorney at Law, admitted to the Hanseatic Bar Association Hamburg.
The contents of this page are for general information only and do not constitute legal advice. A mandate is established only upon express acceptance.
FAQ — Legal Advisory for Employers
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The main routes are the EU Blue Card, the skilled-worker permits under §§ 18a and 18b AufenthG, the ICT Card under § 19 AufenthG and the short-term intra-company transferee route under § 18g AufenthG. The fast-track procedure under § 81a AufenthG is available to eligible employers and can reduce processing times.
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No. The KSchG dismissal protection applies in businesses with more than ten full-time-equivalent employees, and only to employees who have been employed for more than six months. Below this threshold, ordinary dismissal does not require social justification, though other limits still apply.
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Since 1 January 2026, employers who recruit third-country nationals residing abroad for work in Germany must provide those employees with specific information no later than the first day of work, including the contact details of the nearest Faire Integration advisory centre. The obligation applies regardless of how the employment relationship starts.
Employers — Request Advice
German employment law and foreign-worker immigration involve coordinated compliance obligations. We advise employers on contracts, dismissal, immigration routes and restructuring, in German and English.
